KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 030531 Introduction Date: 5/1/2003
Type: Ordinance Effective Date: 5/18/2003
Sponsor: None
Title: Vacating a portion of the west side of Oak Street between 11th and 12th Streets. (1406-V)

Legislation History
DateMinutesDescription
4/30/2003

Prepare to Introduce

5/1/2003

Referred Planning, Zoning & Economic Development Committee

5/7/2003

Advance and Do Pass

5/8/2003

Passed


View Attachments
FileTypeSizeDescription
030531 related documents.pdf Exhibit 1595K Related documents
030531 recorded documents.pdf Recorded Info 221K Recorded documents
030531, 030532 Adv Notice.pdf Advertise Notice 49K Advertise Notice

Printer Friendly Version

ORDINANCE NO. 030531

 

Vacating a portion of the west side of Oak Street between 11th and 12th Streets. (1406-V)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The Council of Kansas City does hereby find and declare that on the 2nd day of April, 2002, a petition was filed with the City Clerk of Kansas City by City of Kansas City, Missouri, for the vacation of a tract of land in Section 5, Township 49, Range 33, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the intersection of the north right of way line of 12th Street, as established by Ordinance No. 5171, dated March 20, 1872, said point being 7 feet north of and parallel to the south line of Lot 1, Block 1, Thomas A. Smarts Addition, a subdivision in Kansas City, Jackson County, Missouri, with the west right of way line of Oak Street, as established by Ordinance No. 41446, dated December 12, 1921, said point being 14 feet west of and parallel to the east line of said Lot 1; said point also being the point of beginning of the herein described tract; thence north along a line 14 feet west of and parallel to the east line of Lots 1 through 8, said Block 1, to the south right of way line of 11th Street, said point also being on the north line of Lot 8, said Block 1; thence east along said south right of way line and north line of said Lot 8 and the easterly prolongation thereof a distance of 16.08 feet; thence south to a point on the easterly prolongation of the north right of way line of said 12th Street, said point being 7 feet north of and parallel to the south line of said Lot 1, said point also being 1.08 feet east of the east line of said Lot 1; thence west along said easterly prolongation and right of way a distance of 15.08 feet to the point of beginning, giving the distinct description of the street to be vacated, and also the names of the persons and corporations owning or claiming to own the property fronting thereon, and that due notice of the pendency of said petition has been given for twenty (20) days in the newspaper doing the city printing, and that the consent of the persons and corporations owning or claiming to own three-fourths of the front feet of the property immediately adjoining said street has been obtained in writing, that said consent has been acknowledged as deeds are acknowledged, and was duly filed with the petition for such vacation in the City Clerk's Office.

 

Section 2. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

 

Section 3. That a tract of land in Section 5, Township 49, Range 33, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Commencing at the intersection of the north right of way line of 12th Street, as established by Ordinance No. 5171, dated March 20, 1872, said point being 7 feet north of and parallel to the south line of Lot 1, Block 1, Thomas A. Smarts Addition, a subdivision in Kansas City, Jackson County, Missouri, with the west right of way line of Oak Street, as established by Ordinance No. 41446, dated December 12, 1921, said point being 14 feet west of and parallel to the east line of said Lot 1; said point also being the point of beginning of the herein described tract; thence north along a line 14 feet west of and parallel to the east line of Lots 1 through 8, said Block 1, to the south right of way line of 11th Street, said point also being on the north line of Lot 8, said Block 1; thence east along said south right of way line and north line of said Lot 8 and the easterly prolongation thereof a distance of 16.08 feet; thence south to a point on the easterly prolongation of the north right of way line of said 12th Street, said point


being 7 feet north of and parallel to the south line of said Lot 1, said point also being 1.08 feet east of the east line of said Lot 1; thence west along said easterly prolongation and right of way a distance of 15.08 feet to the point of beginning, be and the same is hereby vacated. However, the City of Kansas City reserves an easement and the right to locate, construct and maintain (or to authorize any franchised utility to locate, construct and maintain) conduits, water, gas and sewer pipes, poles and wire, or any of them over, under, along and across the above-described property. The City of Kansas City shall have at all times the right to go upon the above-described property to construct, maintain and repair the same; and nothing in this vacation action shall be construed so as to grant any right to use the above-described property in any manner as would interfere with the construction or reconstruction and proper, safe and continuous maintenance of the aforesaid uses, and specifically, there shall not be built thereon or thereover any structure (except driveways, paved areas, grass, shrubs and fences) without first securing the written approval of the Director of Public Works.

 

Section 4. That the Director of Finance is hereby authorized and directed to execute the Citys Consent to Vacation, attached hereto and incorporated herein by reference, for the above-described vacation.

 

Section 5. That the City Clerk of Kansas City, Missouri, be and she is hereby authorized and directed to acknowledge this ordinance as deeds are acknowledged, and to cause this ordinance and the consent of property owners hereinbefore referred to, to be filed for record in the Recorder's Office in Jackson County, Missouri.

 

Section 6. All Ordinances or parts of Ordinances in conflict with this Ordinance are, in so much as they conflict with this Ordinance, hereby repealed.

 

_____________________________________________

 

Approved as to form and legality:

 

 

____________________________________

Assistant City Attorney

 

STATE OF MISSOURI )

) ss.

COUNTY OF ________ )

 

On the _________ day of ______________________, 200__, before me, a Notary Public in and for said County, personally appeared _______________________________________________ to me known to be the City Clerk of Kansas City, Missouri, in the above and foregoing ordinance mentioned, and acknowledged the said ordinance to be the act and deed of said Kansas City, duly passed by the Council of said City, and became effective as herein stated.

 

In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in Kansas City, Missouri, the day and year first above written.

My term expires _________________________, 200___.

 

____________________________________

Notary Public within and for

County, Missouri

 

IN RECORDER'S OFFICE

 

STATE OF MISSOURI )

) ss.

COUNTY OF _________ )

 

I, the undersigned, Recorder of Deeds within and for the County aforesaid, do hereby certify that the foregoing instrument of writing was on the ______ day of _____________________, A.D. 200___, at ________ o'clock _______ minutes M., duly filed for record in this office, and with certificate of acknowledgment thereon endorsed, is recorded in the records of this office in Book _______________________, at page ___________.

 

In Testimony Whereof, I hereunto set my hand and affix the seal of said office at Kansas City, Missouri, this day and year last aforesaid.

 

____________________________________

Recorder

 

By__________________________________

Deputy